(ii) Phulera in the Excluded Area
of Upper Tanawal to the extent the Act is applicable in the N.‑W.F.P., and extended to the Excluded Area of Upper
Tanawal (N.‑W.F.P.) other than Phulera with
effect from such date and subject to such modifications as may be notified, see
N.‑W.F.P. (Upper Tanawal)
(Excluded Area) Laws Regulation, 1950.

(ii) the Baluchistan States Union
by the Baluchistan States Union (Federal Laws) (Extension) Order, 1953 (G. G.
O. 4 of 1953), as amended;

(iii) the State of Bahawalpur by the Bahawalpur
(Extension of Federal Laws) Order, 1953 (G. G. O. 11 of 1953), as amended; and

(iv) the whole of West Pakistan by West Pakistan Act 14 of 1958 (with
effect from the 26th December, 1957).

The Act has been and shall be
deemed to have been brought into force in Gwadur with effect from the 8th
September, 1958, by the Gwadur (Application of Central Laws) Ordinance, 1960
(37 of 1960), s. 2.)

[10th April, 1940]

An Act to regulate the import,
export, manufacture, distribution and sale of drugs

(Ins. by the Drugs (Arndt.) Act,
1963 (22 of 1963), ss. 2 and 3.)

WHEREAS it is expedient to
regulate the import into, (Ins. by the Drugs (Arndt.) Act, 1963 (22 of 1963),
ss. 2 and 3.)[export from,] and the manufacture, distribution and sale in,
(Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3
and 2nd Sch. (with effect from the 14th October, 1955), for "the Provinces
and the Capital of the Federation" which had been subs. by A. O., 1949.
for "British India".) [Pakistan] of drugs;

AND WHEREAS the Legislatures of
all the Provinces have passed resolutions in terms of section 103 of the
Government of India Act, 1935, in relation to such of the above‑mentioned matters and matters ancillary thereto as
are enumerated in List II of the Seventh Schedule to the said Act, 26 Geo. 5,
c. 2;

It is hereby enacted as follows:-

CHAPTER I

INTRODUCTORY

1. Short title, extent and commencement. (1) This Act may be called
the Drugs’ Act, 1940.

(Subs. by the Central Laws
(Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect
from the 14th October, 1955), for the original sub‑section
(2), as amended by A. O., 1949.)[(2) It extends to the whole of Pakistan.]

(3) It shall come into force at
once; but effect only from such date(The 1st April 1947, as the date from which
Chapter III shall take effect, see Gazette of India, 1946, Pt. I, p. 1349.) as
the Central notification in the official Gazette, appoint in this Chapter IV
shall take effect in a particular Province such date as the Provincial
Government may, by like appoint(The 1st September, 1954, as the date on which
Chapter IV shall take in Baluchistan, see Gaz. of P., 1954, Pt. 1, p. 215.) in this
behalf.

2. Application of other laws not barred. The provisions of this Act
shall be in addition to, and not in derogation of, the Dangerous Drugs Act,
1930, and any law for the time being in force, II of 1930.

3. Definitions. In this Act, unless there is anything repugnant in
the subject or context,‑

(Subs. by the Drugs (Amdt.) Act,
1963 (22 of 1963), s. 4, for the original cl. (b).) [(b) “drug" includes,---

(i) all medicines for internal or
external use of human beings or animals, and all substances intended to be used
for or in the treatment, mitigation or prevention of diseases in human beings
or animals, not being medicines and substances exclusively used or prepared for
use in accordance with the ayurvedic, unani, homoeopathic or biochemic system
of medicine,

(iii) such substances (other than
food) intended to affect the structure or any function of the human body or
intended to be used for the destruction of vermins or insects which cause
disease in human beings or animals,

(iv) any substance, mentioned as
monograph in any of the editions of the British Pharmacopoeia or the British
Pharmaceutical Codex or the United States Pharmacopoeia or the National
Formulary of the United States or the International Pharmacopoeia, whether
alone or in combination with any substance exclusively used in the unani,
ayurvedic, homoeopathic or biochemic system of medicine and intended to be used
for any of the purposes mentioned in sub‑clauses
(i), (ii) and (iii), and

(v) any other substance which the
Central Government may, by notification in the official Gazette, declare to be
a "drug" for the purposes of this Act ;]

(Cls. (ba), (bb) and (bc), ins.
by the Drugs (Amdt.) Act, 1963 (22 of 1963), s. 4.)[(ba) "to export"
means to take out of Pakistan
by sea, land or air;

(bb) "licensing
authority" means such authority as may be prescribed;

(bc) 'manufacture,' in relation
to any drug includes any process or part or stage of process for making,
altering, ornamenting, finishing, packing, labelling, breaking up or otherwise
treating or adopting any drug with a view to its sale and distribution, but
does not include the compounding and dispensing or the packing of any drug in
the ordinary course of retail business or on a prescription of a registered
medical practitioner or dentist or of a veterinarian, and to manufacture' shall
be construed accordingly ;]

(c) "to import", with
its grammatical variations and cognate expressions, means to bring into (Subs.
by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd
Sch. (with effect from the 14th October, 1955), for "the Provinces and the
Capital of the Federation" which bad been subs. by A. O., 1949, for ''British India".) [Pakistan];

(d) "patent or proprietary
medicine" means a drug which is a remedy or prescription prepared for
internal or external use of human beings or animals, and which is not for the
time being recognised by the Permanent Commission on Biological Standardisation
of the (Subs. by Act 22 of 1963, s. 4, for "League of Nations".)
[World Health Organisation] or in the latest edition of the British
Pharmacopoeia or the British Pharmaceutical Codex or any other pharmacopoeia
authorised in this behalf by the Central Government after consultation with the
Board:

(e) "prescribed" means
prescribed by rules made under Chapter II or Chapter III (Ins. by the Drugs
(Amdt.) Act, 1963 (22 of 1963), s. 4.)[or Chapter IIIA] by the Central
Government, or under Chapter IV by the Provincial Government.

COMMENTS

Drugs Act 1940 S. 3---Customs Act
(IV of 1969), First Sched.---Central Excise Rules, 1944, R. 10---Constitution
of Pakistan
(1973), Art. 199---"Strepsils" manufactured by petitioners was a
medicament and being a drug was exempted from sales tax-.-Strepsils lozenges
was in fact a medicinal preparation within the meaning of Drugs Act, 1976 and
that being so, it could not be termed as sugar confectionary and as such could
not be charged for purposes of sales tax--Ministry of Health had uniformly
pointed out that strepsils lozenges were used as a remedy for treatment of
infections of the mouth and throat and a valuable adjunct to the systematic
treatment of tonsils and other deep throat infections---Levy of sales tax on such
product would not be justified---Circulars issued for imposition of sales tax
were declared to be without lawful authority, of no legal effect and were
quashed.[2]

Drugs Act 1940 ----S.3(g)(i)---If
any substance or mixture of substances is exclusively used or prepared for use
in accordance with the Ayurvedic, Unani, Homoeopathic or Biochemic system of
treatment then (unless such substance is excepted in accordance with such
conditions as may be prescribed) the same would not be included in the definition
of "Drug ".occurring in section 3(g)(i) of the Drugs Act.[3]

4. Presumption as to poisonous substances. Any substance specified
as poisonous by rule made under Chapter III or Chapter IV shall be deemed to be
a poisonous substance for the purposes of Chapter III or Chapter IV, as the
case may be.

5. The Drugs Technical Advisory Board. (1) The Central Government
shall, as soon as may be, constitute a Board (to be called the Drugs Technical
Advisory Board) to advise the Central Government (The words "and the
Provincial Governments" omitted by A. O., 1964, Art. 2 and Sch.)* * * on
technical matters arising out of the administration of this Act and to carry
out the other functions assigned to it by this Act.

(Subs. by Act, (22 of 1963), s.
5, for the original sub‑section (2), as
amended by A. O., 1949 and the Federal Laws (Revision and Declaration) Act.
1951 (26 of 1951), s. 4 and 3rd Sch.) [(2) The Board shall consist of the
following members, namely:

(i) The Director General, Health,
ex‑officio, who shall be Chairman;

(ii) The Director of the Central
Government Bureau of Laboratories, Pakistan, ex-officio;

(iii) The Director, Central Drugs
Laboratory, ex-officio;

(iv) The Head of the Pakistan
Animal Husbandry Research Institute, ex-officio;

(v) One person directly connected
with the administration of this Act to be nominated by the Central Government;

(vi) Two persons directly
connected with the administration of this Act, one to be nominated by each
Provincial Government;

(vii) Two persons holding the
appointment of Government Analyst under this Act, one to be nominated by each
Provincial Government;

(viii) One person to be nominated
by the Central Government from amongst the professors of medicine serving in
the medical colleges affiliated to universities in Pakistan;

(ix) One person to be nominated
by the Central Government from amongst the pharmaceutical chemists recommended
by the universities in Pakistan;

(x) One person to be elected by
the Medical Council of Pakistan from amongst the professors of medicine serving
in the medical colleges affiliated to universities in Pakistan;

(xi) One person belonging to
pharmaceutical profession to be nominated by the Central Government; and

(xii) One person to be elected by
the Central Council of the Pakistan Medical Association:

Provided that the members shall
be so elected or nominated as to secure, as far as practicable, equality in the
number of members belonging to each Province.

(2a) The meetings of the Board
shall be held alternatively in East Pakistan and West
Pakistan.]

(3) The nominated and elected
members of the Board shall hold office for three years, but shall be eligible
for re‑nomination and re‑election.

(4) The Board may, subject to the
previous approval of the Central Government, make (For the Drugs Technical
Advisory Board By‑Laws, 1963, see
Gaz, of P., 1963, Pt. 1, pp. 469‑471.)
by-laws fixing a quorum and regulating its own procedure and the conduct of all
business to be transacted by it.

(5) The Board may constitute sub-committees
and may appoint to such sub-committees for such periods, not exceeding three
years, as it may decide, or temporarily for the consideration of particular
matters, persons who are not members of the Board.

(6) The functions of the Board
may be exercised notwithstanding any vacancy therein.

(7) The Central Government shall
appoint a person to be Secretary of the Board and shall provide the Board with
such clerical and other staff as the Central Government considers necessary.

6. The Central Drugs Laboratory. (1) The Central Government shall,
as soon as may be, establish a Central Drugs Laboratory under the control of a
Director to be appointed by the Central Government, to carry out the functions
entrusted to it by this Act or any rules made under this Chapter:---

Provided that, if the Central
Government so prescribes, the functions of the Central Drugs Laboratory in
respect of any drug or class of drugs shall be carried out at (Subs. by A. O.,
1949, for "the Central Research Institute, Kasauli, or at any other".)
[any (The word "prescribed" omitted by the Federal Laws (Revision and
Declaration) Act, 1951 (26 of 1951), s. 3 and 2nd Sch.)*] prescribed Laboratory
and the functions of the Director of the Central Drugs Laboratory in respect of
such drug or class of drugs shall be exercised by the Director of that (The
words "institute or of that other" omitted by A. O., 1949.)* * *
Laboratory, (The words "as the case may be" rep. by Act (26 of 1951,
s. 3 and 2nd Sch.)***

(2) The Central Government may,
after consultation with the Board, make rules prescribing‑‑

(d) the procedure for the
submission to the said Laboratory under Chapter IV of samples of drugs for
analysis or test, the forms of the Laboratory's reports thereon and the fees
payable in respect of such reports;

(e) such other matters as may be
necessary or expedient to enable the said Laboratory to carry out its functions;

(f) the matters necessary to be
prescribed for the purposes of the proviso to sub-section (1).

7. The Drugs Consultative Committee. (1) The Central Government may
constitute an advisory committee to be called "the Drugs Consultative
Committee" to advise the Central Government, (The words "the
Provincial Governments" omitted by A. O., 1964, Art. 2 and Sch.)* * * and
the Drugs Technical Advisory Board on any matter tending to secure uniformity
throughout (Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of
1960), s. 3 and 2nd Sch., for "the Provinces" (with effect from the 14th
October, 1955).) [Pakistan]
in the administration of this Act.

(2) The Drugs Consultative
Committee shall consist of two representatives of the Central Government to be
nominated by that Government and one representative of each Provincial
Government to be nominated by the Provincial Government concerned.

(3) The Drugs Consultative
Committee shall meet when required to do so by the Central Government and shall
have power to regulate its own procedure.

8. Standards of quality. (1) For the purposes of this Chapter the
expression "standard quality" when applied to a drug means that the
drug complies with the standard set out in the Schedule.

(2) The Central Government, after
consultation with the Board and after giving by notification in the official Gazette
not less than three months' notice of its intention so to do, may by a like
notification add to or otherwise amend the Schedule for the purposes of this
Chapter, and thereupon the Schedule shall be deemed to be amended accordingly.

9. Misbranded drugs. For the purposes of this Chapter a drug shall
be deemed to be misbranded,---

(a) if it is an imitation of, or
substitute for, or resembles in a manner likely to deceive, another drug, or
bears upon it or upon its label or container the name of another drug, unless
it is plainly and conspicuously marked so as to reveal its true character and
its lack of identity with such other drug; or

(b) if it purports to be the
product of a place or country of which it is not truly a product; or

(c) if it is imported under a
name which belongs to another drug; or

(d) if it is so coloured, coated,
powdered or polished that damage is concealed, or if it is made to appear of
better or greater therapeutic value than it really is; or

(e) if it is not labelled in the prescribed
manner; or

(f) if its label or container or
anything accompanying the drug bears any statement, design or device which
makes any false claim for the drug or which is false or misleading in any
particular; or

(g) if the label or container
bears the name of an individual or company purporting to be the manufacturer or
producer of the drug, which individual or company is fictitious or does not
exist.

10. Prohibition of import of certain drugs. From such date (The 1st
April, 1947, for cls. (a), (b), (c), (e) and (f), see Gazette of India, 1947,
Pt. 1, p. 189; the 1st July, 1950, for clause (d), see Gaz. of P., 1950, Pt. I,
p. 25.) as may be fixed by the Central Government by notification in the
official Gazette in this behalf, no person shall import‑

(a) any drug which is not of
standard quality;

(b) any misbranded drug;

(c) any drug for the import of
which a licence is prescribed, otherwise than under, and in accordance with,
such licence;

(d) any patent or proprietary
medicine, unless there is displayed in the prescribed manner on the label or
container thereof either the true formula or list of ingredients contained in
it in a manner readily intelligible to members of the medical profession,
(Certain words omitted by the Drugs (Amdt.) Act, 1963 (22 of 1963), section
7.)* * *

(e) any drug which by means of
any statement, design or device accompanying it or by any other means, purports
or claims to cure or mitigate any such disease or ailment, or to have any such
other effect, as may be prescribed;

(f) any drug the import of which
is prohibited by rule made under this Chapter:

Provided that nothing in this
section shall apply to the import, subject to prescribed conditions, of small
quantities of any drug for the purpose of examination, test or analysis or for
personal use:

Provided further that the Central
Government may, after consultation with the Board, by notification in the
official Gazette, permit, subject to any conditions specified in the
notification, the import of any drug or class of drugs not being of standard
quality.

Explanation. The formula or list
of ingredients mentioned in clause (d) shall be deemed to be true and a
sufficient compliance with that sub‑clause
if, without disclosing a full and detailed recipe of the ingredients, it
indicates correctly all potent or poisonous substances contained therein
together with an approximate statement of the composition of the medicine.

11. Application of law relating to sea customs and powers of Customs
officers. (1) The law for the time being in force relating to sea customs
and to goods, the import of which is prohibited by section 18 of the Sea
Customs Act, 1878, shall, subject to the provisions of section 13 of this Act,
apply in respect of drugs the import of which is prohibited under this Chapter,
and officers of Customs and officers empowered under that Act to perform the
duties imposed thereby on a Customs Collector and other officers of Customs,
shall have the same powers in respect of such drugs as they have for the time
being in respect of such goods as aforesaid, VIII of 1878.

(2) Without prejudice to the
provisions of sub‑section (1), the
Customs Collector, or any servant of the (Subs. by A. O., 1961, Art. 2 and
Sch., for "Crown" (with effect from the 23rd March, 1956).)[State]
authorised by the Provincial Government in this behalf, may detain any imported
package which he suspects to contain any drug the import of which is prohibited
under this Chapter, and shall forthwith report such detention to the Director
of the Central Drugs Laboratory and, if required by him, forward the package or
samples of any suspected drug found therein to the said Laboratory.

12. Power of Central Government to make rules. (1) The Central
Government may, after consultation with the Board and after previous
publication by notification in the official Gazette, make rules for the purpose
of giving effect to the provisions of this Chapter.

(2) Without prejudice to the
generality of the foregoing power, such rules may,---

(a) specify the drugs or classes
of drugs for the import of which a licence is required, and prescribe the form
and conditions of such licences, the authority empowered to issue the same, and
the fees payable therefore;

(b) prescribe the methods of test
or analysis to be employed in determining whether a drug is of standard
quality;

(c) prescribe, in respect of
biological and organo-metallic compounds, the units or methods of
standardisation;

(d) specify the diseases or
ailments which an imported drug may not purport or claim to cure or mitigate
and such other effects which such drug may not purport or claim to have;

(e) prescribe the conditions
subject to which small quantities of drugs, the import of which is otherwise
prohibited under this Chapter, may be imported for the purpose of examination,
test or analysis or for personal use;

(f) prescribe the places at which
drugs may be imported, and prohibit their import at any other place;

(g) require the date of
manufacture and the date of expiry of potency to be clearly and truly stated on
the label or container of any specified imported drug or class of such drug,
and prohibit the import of the said drug or class of drug after the expiry of a
specified period from the date of manufacture;

(h) regulate the submission by
importers, and the securing, of samples of drugs for examination, test or
analysis by the Central Drugs Laboratory, and prescribe the fees, if any,
payable for such examination, teat or analysis;

(i) prescribe the evidence to be
supplied, whether by accompanying documents or otherwise, of the quality of
drugs sought to be imported, the procedure of officers of Customs in dealing
with such evidence, and the manner of storage at places of import of drugs
detained pending admission;

(j) provide for the exemption,
conditionally or otherwise, from all or any of the provisions of this Chapter
and the rules made thereunder of drugs imported for the purpose only of
transport through, and export from, (Subs. by the Central Laws (Statute Reform)
Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th
October, 1955), for "the Provinces and the Capital of the Federation"
which had been subs. by A. O., 1949, for "British India".)[Pakistan];

(k) prescribe the conditions to
be observed in the packing in bottles, packages or other containers, of
imported drugs;

(l) regulate the mode of
labelling drugs imported for sale in packages, and prescribe the matters which
shall or shall not be included in such labels;

(m) prescribe the maximum
proportion of any poisonous substance which may be added to or contained in any
imported drug, prohibit the import of any drug in which that proportion is
exceeded, and specify substances which shall be deemed to be poisonous for the
purposes of this Chapter and the rules made thereunder;

(n) require that the accepted
scientific name of any specified drug shall be displayed in the prescribed
manner on the label or wrapper of any imported, patent or proprietary medicine
containing such drug;

(o) provide for the exemption,
conditionally or otherwise, from all or any of the provisions of this Chapter
or the rules made thereunder, of any specified drug or class of drugs.

13. Offences. (1) Whoever contravenes any of the provisions of this
Chapter or of any rule made thereunder shall, in addition to any penalty to
which he may be liable under the provision of section 11, be punishable with
imprisonment which may extend to one year, or with fine which may extend to five
hundred rupees, or with both.

(2) Whoever, having been
convicted under sub‑section (1), is
again convicted under that sub‑section shall,
in addition to any penalty as aforesaid, be punishable with imprisonment which
may extend to two years, or with fine which may extend to one thousand rupees,
or with both.

COMMENTS

Drugs Act 1940 ----Ss. 18(a)
& 27 read with Ss. 30, 31 & 32 [as repealed by Drugs Act (XXI of
1976)]--Cognizance--Jurisdiction, propriety of-Question : Whether accused would
be tried by Drugs Court constituted under S. 31 of Drugs Act, 1976, for an
offence committed by him under repealed Drugs Act of 1940-Jurisdiction of Drugs
Court to try cases arising under Drugs Act, 1940-Held, restricted to only such
cases as pending in Courts immediately before establishment of Drugs
Court-Jurisdiction, however, not extended to cases committed under Drugs Act,
1940 but in respect of which no complaints made before any Court-Case against
accused not coming up before any Court after repeal of Drugs Act, 1940 and
before establishment of Drugs Court under Drugs Act, 1976-Provisions of
subsection (3) of S. 30 of Drugs Act, 1976, held, inapplicable to vest Drugs
Court to try case against such accused.-[Cognizance-Jurisdiction-Interpretation
of statutes].[4]

Ss. 18, 19(3) & 27 read with
Companies Act (VIII of 1913), S. 23(2)-Substandard drug-Foisting
liability-Substandard drug actually manufactured by a. Company-Company being a
private limited Company, a "person" in its own right within meaning
of such expression as appearing in Ss. 18, 19(3) & 27-Company, prima facie,
bringing itself within mischief of law but no proceedings drawn up against
Company-Company, had prosecution proceeded against it, barred from pleading in
defence its being ignorant of nature, substance, or quality of substandard drug
or of circumstances of its manufacture, and liable to be punished-Liability of
Managing Director of Company, held, could arise only when such person shown to
have manufactured such substandard drug for and on behalf of Company--No such
allegation having been made in challan submitted to trial Court and Managing
Director being assisted by various executives and workers, difficult to presume
respondent being guilty of manufacture of substandard drug in question for and[5]

14. Confiscation. Where any offence punishable under section 13 has
been committed, the consignment of the drug in respect of which the offence has
been committed shall be liable to confiscation.

CHAPTER III

IMPORT OF DRUGS

15. Jurisdiction. No
Court inferior to that of a (The words
"Presidency Magistrate or of a" omitted by the Pakistan Drugs Act
Adaptation Order, 1948 (G. G. O. 5 of 1948), Art. 3.)* * * magistrate of the
first class shall try an offence punishable under section 13.

15A. Prohibition of Export of drugs without licence. (Chapter III A
(containing sections 15A, 15B and 15C), ins. by the Drugs (Amdt.) Act, 1963 (22
of 1963), s. 8.) From such date as may be fixed by the Central Government by
notification in the official Gazette in this behalf, no person shall export any
drug for the export of which a licence is prescribed, otherwise than under, and
in accordance with, such licence:

Provided that nothing in this
section shall apply to the export, subject to the prescribed conditions, of
small quantities of any drug for the purpose of examination, test or analysis
or for personal use.

15B. Power of Central Government to make rules. ( Chapter III A
(containing sections 15A, 15B and 15C), ins. by the Drugs (Amdt.) Act, 1963 (22
of 1963), s. 8.)‑(1) The Central
Government may, after consultation with the Board and after previous
publication by notification in the official Gazette, make rules for the purpose
of giving effect to the provisions of this Chapter.

(2) Without prejudice to the
generality of the foregoing power, such rules may‑

(a) specify the drugs or classes
of drugs for the export of which a licence is required, and prescribe the form
and conditions of such licences, the authority empowered to issue the same, and
the fees payable therefore;

(b) prescribe the conditions
subject to which small quantities of drugs, the export of which is otherwise
prohibited under this Chapter, may be exported for the purpose of examination,
test or analysis or for personal use;

(c) prescribe the places at which
drugs may be exported, and prohibit their export at any other place;

(d) regulate the submission by
exporters of samples of drugs for examination, test or analysis by the Central
Drugs Laboratory, and prescribe the fees, if any, payable for such examination,
test or analysis;

(e) prescribe the evidence to be
supplied, whether by documents or otherwise, of the quality of drugs sought to
be exported.

15C. Penalty. (Chapter IIIA (containing sections 15A, 15B and 15C),
ins. by the Drugs (Amdt.) Act, 1963 (22 of 1963), s. 8.) Whoever contravenes
any of the provisions of section 15A or of any rule made under section 15B
shall be punishable with fine which may extend to five thousand rupees.]

THE SCHEDULE

(See sections 8 and 16)

Standards to be complied with by
imported drugs and by drugs manufactured for sale, sold, stocked or exhibited
for sale, or distributed.

Class of drug.

Standard to be complied with.

1. Patent or proprietary
medicines

The formula or list of
ingredients displayed m the prescribed manner on the label or container, (The
words and comma "or the formula disclosed to the Central Drugs Laboratory,
as the case may be" omitted by the Drugs (Amdt.) Act, 1963 (22 of 1963),
s. 1.6.) * * *.

2. Substances commonly known as
vaccines, sera, toxins, toxoids, anti‑toxins,
and antigens and biological products of such nature.

The standards maintained at the
National Institute for Medical Research, London,
and such further standards of strength, quality and purity as may be
prescribed.

3. Vitamins, hormones and
analogous products.

The standards maintained at the
National Institute for Medical Research, London,
and such further standards of strength, quality and purity as may be
prescribed.

(Entry 3 A ins. ibid.) [3A.
Substances (other than food) intended to affect the structure or any function
of the human body or intended to be used for the destruction of vermins or
insects which cause disease in human beings or animals.

Such standards as may be
prescribed.]

4. Other drugs

The standards of identity purity
and strength specified in the latest edition of the British Pharmacopoeia or
the British Pharmaceutical Codex or any other prescribed pharmacopoeia, or
adopted by the Permanent Commission on Biological Standardisation of the (Subs.
ibid., for "League of Nations".)
[World Health Organisation].

CHAPTER IV

MANUFACTURE, SALE AND DISTRIBUTION of DRUGS

16. Standards of quality. (1) For the purposes of this Chapter the
expression "standard quality" when applied to a drug means that the
drug complies with the standard set out in the Schedule.

(2) The Provincial Government
(The words "after consultation with the Board and" omitted by A. O.
1964, Art. 2 and Sch.)* * * after giving by notification in the official
Gazette not less than three months' notice of its intention so to do, may by a
like notification add to or otherwise amend the Schedule for the purposes of
this Chapter, and thereupon the Schedule shall be deemed to be amended
accordingly.

CHAPTER IV

MANUFACTURE, SALE AND DISTRIBUTION of DRUGS

17. Misbranded drugs. For the purposes of this Chapter a drug shall
be deemed to be misbranded‑

(a) if it is an imitation of, or
substitute for, or resembles in a manner likely to deceive, another drug, or
bears upon it or upon its label or container the name of another drug, unless
it is plainly and conspicuously marked so as to reveal its true character and
its lack of identity with such other drug; or

(b) if it purports to be the
product of a place or country of which it is not truly a product; or

(c) if it is sold, or offered or
exposed for sale, under a name which belongs to another drug; or

(d) if it is so coloured, coated,
powdered or polished that damage is concealed, or if it is made to appear of
better or greater therapeutic value than it really is; or

(e) if it is not labelled in the
prescribed manner; or

(f) if its label or container or
any thing accompanying the drug bears any statement, design or device which
makes any false claim for the drug or which is false or misleading in any
particular; or

(g) if the label or container
bears the name of an individual or company purporting to be the manufacturer or
producer of the drug which individual or company is fictitious or does not
exist.

18. Prohibition of manufacture and sale of certain drugs. From such
date as may be fixed by the Provincial Government by notification in the
official Gazette in this behalf, no person shall himself or by any other person
on his behalf‑

(d) manufacture for sale, or
sell, or stock or exhibit for sale, or distribute‑

(i) any drug which is not of
standard quality;

(ii) any misbranded drug;

(This sub‑clause was brought
into force in‑

(i) the Capital of the
Federation, with effect on and from the 1st July, 1953, see Gaz. of P., 1952,
Pt. VI, p. 154.;

(iii) East Bengal, with effect on
and from the 1st January, 1955, see Dacca Gazette, 1954, Pt. 1, p. 1218; and

(iv) Punjab,
with effect on and from the 1st July, 1951, see Punjab Gazette, 1950, Pt. 1, p.
372.)(iii) any patent or proprietary medicine, unless there is displayed in the
prescribed manner on the label or container thereof either the true formula or
list of ingredients contained in it in a manner readily intelligible to members
of the medical profession, (The commas and certain words omitted by the Drugs (Amdt.)
Act, 1963 (22 of 1963), s. 9.)* * *.

(iv) any drug which by means of
any statement, design or device accompanying it or by any other means, purports
or claims to cure or mitigate any such disease or ailment, or to have any such
other effect as may be prescribed;

(v) any drug, in contravention of
any of the provisions of this Chapter or any rule made thereunder;

(b) sell, or stock, or exhibit
for sale, or distribute any drug which has been imported or manufactured in
contravention of any of the provisions of this Act or any rule made thereunder;

(c) manufacture for sale, or
sell, or stock or exhibit for sale, or distribute any drug, except under, and
in accordance with the conditions of, a licence issued for such purpose under
this Chapter:

Provided that nothing in this
section shall apply to the manufacture, subject to prescribed conditions, of
small quantities of any drug for the purpose of examination, test or analysis:

Provided further that the
Provincial Government may, (The words and comma "after consultation with
the Board," omitted by A. O. 1964, Art. 2 and Sch.)* by notification in
the official Gazette, permit, subject to any conditions specified in the
notification, the manufacture for sale, sale or distribution of any drug or
class of drugs not being of standard quality.

Explanation.‑The
formula or list of ingredients mentioned in sub‑clause (iii) of
clause (a) shall be deemed to be true and a sufficient compliance with that sub‑clause
if, without disclosing a full and detailed recipe of the ingredients, it
indicates correctly all the potent or poisonous substances contained therein
together with an approximate statement of the composition of the medicine.

COMMENTS

Drugs Act 1940 ----Ss. 18(a)
& 27 read with Ss. 30, 31 & 32 [as repealed by Drugs Act (XXI of
1976)]--Cognizance--Jurisdiction, propriety of-Question : Whether accused would
be tried by Drugs Court constituted under S. 31 of Drugs Act, 1976, for an
offence committed by him under repealed Drugs Act of 1940-Jurisdiction of Drugs
Court to try cases arising under Drugs Act, 1940-Held, restricted to only such
cases as pending in Courts immediately before establishment of Drugs
Court-Jurisdiction, however, not extended to cases committed under Drugs Act,
1940 but in respect of which no complaints made before any Court-Case against
accused not coming up before any Court after repeal of Drugs Act, 1940 and
before establishment of Drugs Court under Drugs Act, 1976-Provisions of
subsection (3) of S. 30 of Drugs Act, 1976, held, inapplicable to vest Drugs
Court to try case against such accused.-[Cognizance-Jurisdiction-Interpretation
of statutes].[6]

Ss. 18, 19(3) & 27 read with
Companies Act (VIII of 1913), S. 23(2)-Substandard drug-Foisting
liability-Substandard drug actually manufactured by a. Company-Company being a
private limited Company, a "person" in its own right within meaning
of such expression as appearing in Ss. 18, 19(3) & 27-Company, prima facie,
bringing itself within mischief of law but no proceedings drawn up against
Company-Company, had prosecution proceeded against it, barred from pleading in
defence its being ignorant of nature, substance, or quality of substandard drug
or of circumstances of its manufacture, and liable to be punished-Liability of
Managing Director of Company, held, could arise only when such person shown to
have manufactured such substandard drug for and on behalf of Company--No such
allegation having been made in challan submitted to trial Court and Managing
Director being assisted by various executives and workers, difficult to presume
respondent being guilty of manufacture of substandard drug in question for and[7]

(c) Criminal Procedure Code (V of
1898), S. 436-Revision against order of discharge-Order of discharge passed
after recording whole evidence-Filing of revision application against such
order not barred-Drugs Act (XXIII of 1940), S. 18 (a) (i) read with S. 27.[8]

Drugs Act 1940 ----S. 18(a)(i)
read with Ss. 27 & 19(3)(b)--Dealer in medicines purchasing drugs
(subsequently found not of standard quality) front manufacturer, obtaining
warranty of there having been no contravention of S. 18 from manufacturer,
sending a copy of warranty with written notice to inspector of drugs and
warrantor within 7 days of service of summons on him-Dealer, in circumstances,
held, could not be found guilty of offence under S. 18.[9]

19. Pleas. (1) Save as hereinafter provided in this section, it
shall be no defence in a prosecution under this Chapter to prove merely that
the accused was ignorant of the nature, substance or quality of the drug in
respect of which the offence has been committed or of the circumstances of its
manufacture or import, or that a pur­chaser, having bought only for the purpose
of test or analysis, has not been prejudiced by the sale.

(2) For the purposes of section
18 a drug shall not be deemed to be misbranded or to be below standard quality
only by reason of the fact that‑

(a) there has been added thereto
some innocuous substance or ingredient because the same is required for the
manufacture or preparation of the drug as an article of commerce in a state fit
for carriage or consumption, and not to increase the bulk, weight or measure of
the drug or to conceal its inferior quality or other defects; or

(b) in the process of
manufacture, preparation or conveyance some extraneous substance has
unavoidably become intermixed with it: provided that this clause shall not
apply in relation to any sale or distribution of the drug occurring after the
vendor or distributor became aware of such intermixture.

(3) A person, not being the
manufacturer of a drug or his agent for the distribution thereof, shall not be
liable for a contravention of section 18 if he proves‑

(a) that he did not know, and
could not with reasonable diligence have ascertained, that the drug in any way
contravened the provisions of that section, and that the drug while in his
possession remained in the same state as when he acquired it; or

(b) that he acquired the drug
from a person resident in (Subs. by the Central Laws (Statute Reform)
Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th
October, 1955), for "the Provinces and the Capital of the Federation"
which had been subs. by A. O. 1949, for "British India.)[Pakistan] under a
written warranty in the prescribed form and signed by such person that the drug
does not in any way contravene the provisions of section 18, and that the drug
while in his possession remained in the same state as when he acquired it:

Provided that a defence under
clause (b) shall be open to a person only‑

(i) if he has, within seven days
of the service on him of the summons, sent to the Inspector a copy of the warranty
with a written notice stating that he intends to rely upon it and giving the
name and address of the warrantor, and

(ii) if he proves that he has,
within the same period, sent written notice of such intention to the said
warrantor.

COMMENTS

S. 19(3)-Substandard
drug-Distribution of-Liability of manufacturer of drugs and his Agent for
distribution of drug-Co-extensive- Respondent not alleged .or shown to have
acted as Agent of Manufacturing Company for . distribution of substandard drug,
respondent not to be held guilty of offence of distribution of substandard
drug.[11]

20. Government Analysts. The Provincial Government may, by
notification in the official Gazette, appoint such persons as it thinks fit,
having the prescribed qualifications, to be Government Analysts for such areas
and in respect of such drugs or classes of drugs as may be specified in the
notification:

Provided that a servant of the
(Subs, by A. O., 1961, Art. 2 and Sch., for "Crown" with effect from
the 23rd March, 1956).)[State] serving under the Central Government or another
Provincial Government shall not be so appointed without the previous consent of
the Government under which he is serving.

21. Inspectors. (1) The Provincial Government may, by notification
in the official Gazette, appoint such persons as it thinks fit, having the
prescribed qualifications, to be Inspectors for the purposes of this Chatter
within such local limits as it may assign to them respectively:---

Provided that no person who has
any financial interest in the manufacture, import or sale of drugs shall be
appointed to be an Inspector under this sub‑section.

(2) Every Inspector shall be
deemed to be a public servant within the meaning of the Pakistan Penal Code,
and shall be officially subordinate to such authority as the Provincial
Government may specify in this behalf, XLV of 1860.

22. Powers of Inspectors. ( Subs. by the Drugs (Amdt.) Act, 1963
(22 of 1963), s. 10, for the original section 22, as amended by the Pakistan
Drugs Act Adaptation Order, 1948 (G. G. O. 5 of 1948). Art 3.)‑(1)
Subject to the provisions of section 23 and of any rules made by the Provincial
Government in this behalf, an inspector may, within the local limits for which
he is appointed, and in any other area with the permission of the licensing
authority,---

(a) inspect any premises wherein
any drug is being manufactured, the plant and process of manufacture, the means
employed for standardising anal testing the drugs and all records, and
registers, relating thereto;

(b) inspect any premises wherein
any drug is being sold or is stocked or exhibited for sale or is being
distributed the storage arrangement and all relevant records and registers;

(c) take samples of any drug
which is being manufactured, or being sold or is stocked or exhibited for sale
or is being distributed;

(d) enter and search at all
reasonable times, with such assistance, if any, as he considers necessary, any
building, vessel or place, in which he has reason to believe, from personal
knowledge or from information given by any person and taken down in writing,
that an offence under this Act or any rules made thereunder, has been or is
being committed;

(e) seize such drug and all
materials used in the manufacture thereof and all other articles including
registers, cash‑memos, invoices, bills which he has reason to
believe may furnish evidence of the commission of an offence punishable under
this Act and any rules made thereunder;

(f) call any person from the
neighbourhood to be present as witness in course of search, seizure or in
connection with any other matter where the presence of witnesses is necessary;

(g) require any person to appear
before him at any reasonable time at any proper place to give statement,
assistance or information relating to, or in connection with, the investigation
of an offence under this Act or rules made thereunder:

Provided that the exemptions
under sections 132 and 133 of the Code of Civil Procedure, 1908 shall be
applicable to requisitions for attendance under this clause, Act V of 1908;

(h) lock and seal any factory,
laboratory, shop, building, store‑house or godown or a part
thereof where any drug is, or is being, manufactured, stored, sold or exhibited
for sale without the necessary licence under this Act, or where he has reason
to believe that an offence under this Act has been committed or may continue to
be committed;

(i) forbid for a reasonable
period not exceeding three months any person in charge of any premises from
removing or disposing of any drug, article or other thing likely to be used in
evidence of the commission of an offence under this Act or any rules made
thereunder;

(j) exercise such other powers as
may be necessary for carrying out the purposes of this Act or any rules made
thereunder.

(2) The provisions of the Code of
Criminal Procedure, 1898, so far as they are not inconsistent with the
provisions of this to searches and seizures made under this Chapter, Act V of
1898.

(3) If any person wilfully
obstructs an Inspector in the exercise of the powers conferred upon him by or
under this Chapter or disobeys the lawful authority of an Inspector, he shall
be punishable with imprisonment which may extend to three years, or with fine,
or with both.]

(Subs. ibid., for the original
sub‑section
(2).)[(2) Where the Inspector seizes any drug or any other article under section
22, he shall tender a receipt therefore in the prescribed form.]

(3) Where an Inspector takes a
sample of a drug for the purpose of test or analysis, he shall intimate such
purpose in writing in the prescribed form to the person from whom he takes it
and, in the presence of such person unless he willfully absents himself, shall
divide the sample into four portions and effectively seal and suitably mark the
same and permit such person to add his own seal and mark to all or any of the
portions so sealed and marked:

Provided that where the sample is
taken from premises whereon the drug is being manufactured, it shall be
necessary to divide the sample into three portions only:

Provided further that where the
drug is made up in containers of small volume, instead of dividing a sample as
aforesaid, the Inspector may, and if the drug be such that it is likely to
deteriorate or be otherwise damaged by exposure shall, take three or four, as
the case may be, of the said containers after suitably marking the same and,
where necessary, sealing them.

(4) The Inspector shall restore
one portion of a sample so divided or one container, as the case may be, to the
person from whom he takes it, and shall retain the remainder and dispose of the
same as follows:

(i) one portion or container he
shall forthwith send to the Government Analyst for test or analysis;

(ii) the second he shall produce
to the Court before which proceedings, if any, are instituted in respect of the
drug; and

(iii) the third, where taken, he
shall send to the warrant or, if any, named under the proviso to sub‑section
(3) of section 19.

(a) he shall use all despatch in
ascertaining whether or not the drug contravenes any of the provisions of
section 18 and, if it is ascertained that the drug does not so contravene,
forthwith revoke the order passed under the said (Subs. by the Drugs (Amdt.)
Act, 1963 (22 of 1963), s. 11, for "clause".)[section] or, as the
case may be, take such action as may be necessary for the return of the stock
seized;

(b) if he seizes the stock of the
drug, he shall as soon as may be, inform a Magistrate and take his orders as to
the custody thereof;

(c) without prejudice to the
institution of any prosecution, if the alleged contravention be such that the
defect may be remedied by the possessor of the drug, he shall, on being
satisfied that the defect has been so remedied, forthwith revoke his order
under the said (Subs. by the Drugs (Amdt.) Act, 1963 (22 of 1963), s. 11, for
"clause".)[section].

COMMENTS

----Ss. 27(i) & 23(i)(c) ---
Appreciation of evidence---In order to bring home the guilt to the accused onus
was heavily on the complainant (Drug Inspector) to establish that he was
involved in the business of the Medical Store in question or the same was owned
by him or he had any interest in the said business or was found selling any
drug or in any way was found connected with the sale of drugs of the said
Medical Store where he was found present at the time of raid, but no evidence
in support of the accusation about the sale of drugs or involvement of accused
in the said business had been produced at the trial so as to attract the penal
provisions of S.27 of the Drugs Act, 1976 on account of the alleged
contravention of the provisions of S.23(i)(c) of the said Act-Complainant had
made material improvements in his evidence in order to prove the case against
the accused---Mere presence of accused at the relevant time in the Medical
Store in absence of any other supporting evidence was not enough to prove the
accusation that he was involved in illegal business of the Medical Store
without any Drugs Sale Licence---Accused was acquitted in circumstances.[12]

----S. 497 read with Drugs Act
(XXI of 1976), Ss. 23 & 27-----Bail---Offences falling under S. 23 of Drugs
Act, being punishable up to 10 years prohibition under S. 497, Cr. P. C., held,
attracted-Offences relating to clandestine sale of stolen Government medicines
as well as their genuineness-Bail declined, in circumstances,[13]

Drugs Act 1940 ------ Ss. 25, 27
& 23(4)-Interpretation of S. 25-Report of Government Analyst and Chemical
Examiner Report, though in terms of second part of S. 25(3) cannot be treated
as conclusive evidence where no copy of report was supplied to person from
whore sample was taken-Presumption under first part of S. 25(3) unless rebutted
by contrary Evidence can be sufficient basis for conviction of offence under S.
27-Lapse of 4 years since prosecution started-Sentence: fine of Rs. 500 only.[14]

24. Persons bound to disclose place where drugs are manufactured or
kept. Every person for the time being in charge of any premises whereon any
drug is being manufactured or is kept for sale or distribution shall, on being
required by an Inspector so to do, be legally bound to disclose to the
Inspector the place where the drug is being manufactured or is kept, as the
case may be.

25. Reports of Government Analysts. (1) The Government Analyst to
whom a sample of any drug has been submitted for test or analysis under sub‑section
(4) of section 23, shall deliver to the Inspector submitting it a signed report
in triplicate in the prescribed form.

(2) The Inspector on receipt
thereof shall deliver one copy of the report to the person from whom the sample
was taken and another copy to the warrantor, if any, named under the proviso to
sub‑section
(3) of section 19, and shall retain the third copy for use in any prosecution
in respect of the sample.

(3) Any document purporting to be
a report signed by a Government Analyst under this Chapter shall be evidence of
the facts stated therein, and such evidence shall be conclusive unless the
person from whom the sample was taken or the said warrantor has; within twenty‑eight
days of the receipt of a copy of the report, notified in writing the Inspector
or the Court before which any proceedings in respect of the sample are pending
that he intends to adduce evidence in controversion of the report.

(4) Unless the sample has already
been tested or analysed in the Central Drugs Laboratory, where a person has
under subsection (3) notified his intention of adducing evidence in
controversion of a Government Analyst's report, the Court may, of its own
motion or in its discretion at the request either of the complainant or the
accused, cause the sample of the drug produced before the Magistrate under sub‑section
(4) of section 23 to be sent for test or analysis to the said Laboratory, which
shall make the test or analysis and report in writing signed by, or under the
authority of, the Director of the Central Drugs Laboratory the result thereof,
and such report shall be conclusive evidence of the facts stated therein.

(5) The cost of a test or
analysis made by the Central Drugs Laboratory under sub‑section (4) shall
be paid by the complainant or accused as the Court shall direct.

COMMENTS

- S. 540 read with Drugs Act
(XXIII of 1940), Ss. 25(3) & 46Witness, summoning of-Report of Public
Analyst not complete with "full protocols of test" and silent as to
how he arrived at conclusion regarding low percentage of tetracycline
hydrochloride in sample-Order of trial Court rejecting application for
summoning Public Analyst as witness set aside, in circumstances-Court further
directed to summon witness to produce full protocols of tests, in interest of
justice.-[Witness][15]

S. 25-Mere non-compliance with
provision of subsection (2) of S. 25 in not supplying to person, from whom
sample taken, a copy of report of Government Analyst-Does not make report
inadmissible in evidence-Contents of report not only prove themselves but are
considered conclusive unless objection taken.[16]

Drugs Act 1940 ------ Ss. 25, 27
& 23(4)-Interpretation of S. 25-Report of Government Analyst and Chemical
Examiner Report, though in terms of second part of S. 25(3) cannot be treated
as conclusive evidence where no copy of report was supplied to person from
whore sample was taken-Presumption under first part of S. 25(3) unless rebutted
by contrary Evidence can be sufficient basis for conviction of offence under S.
27-Lapse of 4 years since prosecution started-Sentence: fine of Rs. 500 only.[17]

- S. 540 read with Drugs Act
(XXIII of 1940), Ss. 25(3) & 46Witness, summoning of-Report of Public
Analyst not complete with "full protocols of test" and silent as to
how he arrived at conclusion regarding low percentage of tetracycline hydrochloride
in sample-Order of trial Court rejecting application for summoning Public
Analyst as witness set aside, in circumstances-Court further directed to summon
witness to produce full protocols of tests, in interest of justice.-[Witness][18]

26. Purchaser of drug enabled to obtain test or analysis. Any
person shall, on application in the prescribed manner and on payment of the
prescribed fee, be entitled to submit for test or analysis to a Government
Analyst any drug purchased by him and to receive a report of such test or analysis
signed by the Government Analyst.

27. Penalty for manufacture, sale, etc., of drugs in contravention of
this Chapter. Whoever himself or by any other person on his behalf
manufactures for sale, sells, stocks or exhibits for sale, or distributes any
drug in contravention of any of the provisions of this Chapter or any rule made
thereunder shall be punishable with imprisonment which may extend to (Subs. by
the Drugs (Amdt.) Act, 1963 (22 of 1963), s. 12, for "one year, or with
fine which may extend to five hundred rupees,") [three years or with
fine], or with both.

COMMENTS

Drugs Act 1940 ----Ss. 27(i)
& 23(i)(c) --- Appreciation of evidence---In order to bring home the guilt
to the accused onus was heavily on the complainant (Drug Inspector) to establish
that he was involved in the business of the Medical Store in question or the
same was owned by him or he had any interest in the said business or was found
selling any drug or in any way was found connected with the sale of drugs of
the said Medical Store where he was found present at the time of raid, but no
evidence in support of the accusation about the sale of drugs or involvement of
accused in the said business had been produced at the trial so as to attract
the penal provisions of S.27 of the Drugs Act, 1976 on account of the alleged
contravention of the provisions of S.23(i)(c) of the said Act-Complainant had
made material improvements in his evidence in order to prove the case against
the accused---Mere presence of accused at the relevant time in the Medical
Store in absence of any other supporting evidence was not enough to prove the
accusation that he was involved in illegal business of the Medical Store
without any Drugs Sale Licence---Accused was acquitted in circumstances.[19]

Drugs Act 1940 ----Ss. 27(2-a)
& 27(4)---Appreciation of evidence---No sample of the drug seized by the
complainant Drug Inspector having been taken and sent to the concerned
Laboratory for analysis, it could not be said to be a spurious drug--Drug
Inspector although alleged that the drug seized by him resembled a medicine
manufactured by a local pharmaceutical company, yet he admittedly did not
contact the said pharmaceutical company in this respect and failed to obtain
the view of that company regarding the drug in question---Accused was acquitted
in circumstances.[20]

Drugs Act 1940 ----Ss.27(1)(a)(b)
& 27 (2)(b)---Appraisal of evidence---It was not proved through qualitative
and quantitative analysis of the ingredients in the offending preparation that
the active ingredient /constituent Mathyl Salicylate had been used which formed
part of the protected pharmacopieas---Analyst's report did not determine the
ingredients in the offending preparation quantitatively or even fully---It
could not, therefore, be found that accused did not use merely a herbal extract
in its natural form for the purposes of his preparation---Offence alleged
against accused, held, had not been proved beyond reasonable doubt---Accused
was acquitted in circumstances.[21]

---Art. 185(3)--Drugs Act (XXIII
of 1940), S. 27--Petitioner's conviction based on his own plea of
guilty--Having admitted that drug recovered from him was sub-standard, declined
to produce any evidence in defence--No interference called for--Leave to appeal
refused.[22]
----S. 497 read with Drugs Act (XXI of 1976), Ss. 23 &
27-----Bail---Offences falling under S. 23 of Drugs Act, being punishable up to
10 years prohibition under S. 497, Cr. P. C., held, attracted-Offences relating
to clandestine sale of stolen Government medicines as well as their
genuineness-Bail declined, in circumstances,[23]

----Ss. 18(a) & 27 read with
Ss. 30, 31 & 32 [as repealed by Drugs Act (XXI of
1976)]--Cognizance--Jurisdiction, propriety of-Question : Whether accused would
be tried by Drugs Court constituted under S. 31 of Drugs Act, 1976, for an
offence committed by him under repealed Drugs Act of 1940-Jurisdiction of Drugs
Court to try cases arising under Drugs Act, 1940-Held, restricted to only such
cases as pending in Courts immediately before establishment of Drugs
Court-Jurisdiction, however, not extended to cases committed under Drugs Act,
1940 but in respect of which no complaints made before any Court-Case against
accused not coming up before any Court after repeal of Drugs Act, 1940 and
before establishment of Drugs Court under Drugs Act, 1976-Provisions of
subsection (3) of S. 30 of Drugs Act, 1976, held, inapplicable to vest Drugs
Court to try case against such accused.-[Cognizance-Jurisdiction-Interpretation
of statutes].[24]

Ss. 18, 19(3) & 27 read with
Companies Act (VIII of 1913), S. 23(2)-Substandard drug-Foisting
liability-Substandard drug actually manufactured by a. Company-Company being a
private limited Company, a "person" in its own right within meaning
of such expression as appearing in Ss. 18, 19(3) & 27-Company, prima facie,
bringing itself within mischief of law but no proceedings drawn up against
Company-Company, had prosecution proceeded against it, barred from pleading in
defence its being ignorant of nature, substance, or quality of substandard drug
or of circumstances of its manufacture, and liable to be punished-Liability of
Managing Director of Company, held, could arise only when such person shown to
have manufactured such substandard drug for and on behalf of Company--No such
allegation having been made in challan submitted to trial Court and Managing
Director being assisted by various executives and workers, difficult to presume
respondent being guilty of manufacture of substandard drug in question for and[25]

28. Penalties for giving false warranty or misuse of warranty. (1)
Whoever in respect of any drug sold by him whether as principal or agent, gives
to the purchaser a false warranty that the drug does not in any way contravene
the provisions of section 18 shall, unless he proves that when he gave the
warranty he had good reason to believe the same to be true, be punishable with
imprisonment which may extend to one year, or, with fine which may extend to
five hundred rupees, or with both.

(2) Whoever applies or permits to
be applied to any drug sold, or stocked or exhibited for sale, by him, whether
on the container or label or in any other manner, a warranty given in respect
of any other drug, shall be punishable with imprisonment which may extend to
one year, or with fine which may extend to five hundred rupees, or with both.

COMMENTS

-S. 561-A-Criminal
trial-Quashment of proceedings-Prosecution for manufacturing sub-standard
drug-Contention that order of Magistrate issuing process against petitioner
without first requiring complainant to produce evidence and warranty given by
petitioner was an abuse of process of Court and liable to be quashed-Held,
petitioner being Manager of manufacturing firm also liable and proprietor
having produced warranty petitioner not required to produce same-Drugs Act
(XXIII of 1940), Ss. 27, 28 & 38.-[Quashment of proceedings].[26]

29. Penalty for use of Government Analyst's report for advertising.
Whoever uses any report of a test or analysis made by the Central Drugs
Laboratory or by a Government Analyst, or any extract from such report for the
purpose of advertising any drug, shall be punishable with fine which may extend
to five hundred rupees.

30. Penalty for subsequent offences. (Subs. by the Drugs (Amdt.)
Act, 1963 (22 of 1963), s. 13, for the original section 30.)‑(1)
Whoever, having been convicted of an offence under section 27, is again
convicted of an offence under that section shall be punishable with
imprisonment which may extend to five years, or with fine, or with both.

(2) Whoever, having been
convicted of an offence under section 28 or section 29, is again convicted of
an offence under either of those sections shall be punishable with imprisonment
which may extend to two years, or with fine, or with both.]

31. Confiscation. Where any person has been convicted under this
Chapter for contravening any such provision of this Chapter or any rule made
thereunder as may be specified by rule made in this behalf, the stock of the
drug in respect of which the contravention has been made shall be liable to
confiscation.

32. Cognisance of offences. (1) No prosecution under this Chapter
shall be instituted except by an Inspector.

(2) No Court inferior to that of a (The
words "Presidency Magistrate or of a" omitted by the Pakistan Drugs
Act Adaptation Order, 1948 (G. G. O. 5 of 1948), Art. 3.)* * * Magistrate of
the first class shall try an offence punishable under this Chapter.

(3) Nothing contained in this
Chapter shall be deemed to prevent any person from being prosecuted under any
other law for any act or omission which constitutes an offence against this
Chapter.

COMMENTS

----Ss. 18(a) & 27 read with
Ss. 30, 31 & 32 [as repealed by Drugs Act (XXI of
1976)]--Cognizance--Jurisdiction, propriety of-Question : Whether accused would
be tried by Drugs Court constituted under S. 31 of Drugs Act, 1976, for an
offence committed by him under repealed Drugs Act of 1940-Jurisdiction of Drugs
Court to try cases arising under Drugs Act, 1940-Held, restricted to only such
cases as pending in Courts immediately before establishment of Drugs
Court-Jurisdiction, however, not extended to cases committed under Drugs Act,
1940 but in respect of which no complaints made before any Court-Case against
accused not coming up before any Court after repeal of Drugs Act, 1940 and
before establishment of Drugs Court under Drugs Act, 1976-Provisions of
subsection (3) of S. 30 of Drugs Act, 1976, held, inapplicable to vest Drugs
Court to try case against such accused.-[Cognizance-Jurisdiction-Interpretation
of statutes].[27]

33. Power of Provincial Government to make rules. (1) The
Provincial Government may, (The words "after consultation with the Board
and', omitted by A. O., 1964, Art. 2 and Sch.)* * * after previous publication
by notification in the official Gazette, make rules(For the West Pakistan Drugs
Rules, 1958, see West Pakistan Gazette, 1958, Ext., pp. 1255‑56.)
for the purpose of giving effect to the provisions of this Chapter.

(2) Without prejudice to the
generality of the foregoing power, such rules may‑

(a) provide for the establishment
of laboratories for testing and analysing drugs;

(b) prescribe the qualifications
and duties of Government Analysts and the qualifications of Inspectors;

(c) prescribe the methods of test
or analysis to be employed in determining whether a drug is of standard
quality;

(d) prescribe, in respect of
biological and organo‑metallic compounds, the units
or methods of standardisation;

(e) prescribe the forms of
licences for the manufacture for sale, for the sale and for the distribution of
drugs or any specified drug or class of drugs, the form of application for such
licences, the conditions subject to which such licences may be issued, the
authority empowered to issue the same and the fees payable therefore;

(f) specify the diseases or
ailments which a drug may not purport or claim t o cure or mitigate anal such
other effects which a drug may not purport or claim to have;

(g) prescribe the conditions
subject to which small quantities of drugs may be manufactured for the purpose
of examination, test or analysis;

(h) require the date of
manufacture and the date of expiry of potency to be clearly and truly stated on
the label or container of any specified drug or class of drugs, and prohibit
the sale, stocking or exhibition for sale, or distribution of the said drug or
class of drugs after the expiry of a specified period from the date of
manufacture or after the expiry of the date of potency;

(i) prescribe the conditions to
be observed in the packing in bottles, packages and other containers of drugs,
and prohibit the sale, stocking or exhibition for sale, or distribution of
drugs packed in contravention of such conditions;

(j) regulate the mode of
labelling packed drugs, and prescribe the matters which shall or shall not be
included in such labels;

(k) prescribe the maximum
proportion of any poisonous substance which may be added to or contained in any
drug, prohibit the manufacture, sale or stocking or exhibition for sale, or
distribution of any drug in which that proportion is exceeded, and specify
substances which shall be deemed to be poisonous for the purposes of this Chapter
and the rules made thereunder;

(l) require that the accepted
scientific name of any specified drug shall be displayed in the prescribed
manner on the label or wrapper of any patent or proprietary medicine containing
such drug;

(m) prescribe the form of
warranty referred to in subsection (1) of section 19;

(n) regulate the powers and
duties of Inspectors;

(o) prescribe the forms of report
to be given by Government Analysts, and the manner of application for test or
analysis under section 26 and the fees payable therefore;

(p) specify the offences against
this Chapter or any rule made thereunder in relation to which the stock of the
drug shall be liable to confiscation under section 31;

(q) provide for the exemption,
conditionally or otherwise, from all or any of the provisions of this Chapter
or the rules made thereunder, of any specified drug or class of drugs.

35. Sale
of patent or proprietory medicines or pharmaceutical specialities. (Chapter
V containing sections 35‑41, added by the Drugs (Amdt.)
Act, 1963 (22 of 1963), s. 15.) No patent or proprietary medicine or
pharmaceutical speciality or any other medicine, whether allopathic, unani,
ayurvedic, homoeopathic or biochemic, for the time being not recognised by the
accepted pharmacopoeias, shall be offered for sale to the public or advertised
for such sale, unless two samples thereof shall have been sent to the Director,
Central Drugs Laboratory, and the latter shall have determined that the
medicine or specialty is suitable or proper for use by the public.

36. Prohibition to sell drugs in public streets, etc. (Chapter V
containing sections 35‑41, added by the Drugs (Amdt.)
Act, 1963 (22 of 1963), s. 15.) No person shall, in any public street, highway,
footpath or park or on any public transport or conveyance, peddle, hawk or
offer for sale or distribute free of charge any medicine of pharmaceutical
speciality whether allopathic, unani, ayurvedic, homoeopathic or of any other
description.

37. Penalty. (Chapter V Containing sections 35‑41,
added by the Drugs (Arndt.) Act, 1963 (22 of 1963), s. 15.) Any person who
contravenes any of the provisions of section 35 or section 36 shall be
punishable with imprisonment which may extend to two years, or with fine, or
with both.

38. Offences by Companies, etc. (Chapter V Containing sections 35‑41,
added by the Drugs (Arndt.) Act, 1963 (22 of 1963), s. 15.) Where the person
guilty of an offence under this Act is a company, corporation or firm every
director, partner and officer of the company, corporation or firm with whose
knowledge and consent the offence was committed shall be guilty of the like
offence.

39. Powers to try offence summarily. (Chapter V Containing sections
35‑41,
added by the Drugs (Arndt.) Act, 1963 (22 of 1963), s. 15.) Any Magistrate of
the first class or any bench of Magistrates invested with the powers of a
Magistrate of the first class empowered for the time being to try in a summary
way the offences specified in sub section (1) of section 260 of the Code of
Criminal Procedure, 1898, may, on application in this behalf being made by the
prosecution, try in accordance with the provisions contained in sections 262 to
265 of that Code, any such offence punishable under this Act and any rules made
thereunder as may be prescribed, Act V of 1898.

40. Special provision regarding imprisonment and fine. (Chapter V
Containing sections 35‑41, added by the Drugs (Arndt.)
Act, 1963 (22 of 1963), s. 15.) Notwithstanding anything contained in section
32 of the Code of Criminal Procedure, 1898, it shall be lawful for any
Magistrate of the first class to pass any sentence authorised by this Act even
if such sentence exceeds his powers under section 32 of that Code, Act V of
1898.

41. Protection to persons acting under this Act. (Chapter
V Containing sections 35‑41, added by the Drugs (Arndt.) Act, 1963
(22 of 1963), s. 15.) No suit, prosecution or other legal proceeding shall lie
against any person for anything which is in good faith done or intended to be
done under this Act or any rules made thereunder.]